Gartley v. Gartley

BLUE, Judge.

Herbert Gartley (Herbert) died, leaving a former wife with an unfulfilled property settlement agreement and a widow to whom he had transferred all his assets. As might be expected, this resulted in litigation with the former wife Dorothy G. Gartley (Dorothy) claiming entitlement to assets in the possession of the widow, Rei-ta Gartley (Reita). The trial court entered a summary judgment in favor of Reita, finding that all claims were barred by either the failure to properly pursue the claims in probate or by the statute of limitations. We conclude the trial court erred in granting…